In Scotland looking for some advise

[KenyanScott]

I am getting phone calls and letters from robinson way in regards to a debt I had a Long time ago at an old address.

 

My credit file shows a default in march 2007 so I did stop paying it before this. Stupidly I never made any arrangements and they have now got in contact with me.

 

Am I correct in saying this debt is now statute barred?

 

Any help would be appreciated, I have just received a letter today which is a default notice and I'm scared that Ian going to get taken to court.

[KenyanScott]

Sorry know in Scotland statut barred is 5 years not six like in england

[silverfox1961]

Thread moved

 

Hi

You would need to be fairly specific to state SB. They may have defaulted you in 07 but how far before that did you stop paying?

[bluedogx]

If it is more than 5 years since you made a payment and no court action has been taken the debt is prescribed meaning It is no longer in existence - extinguished.

 

You could send a prescriptions letter - think there's one in the library here. They then have to prove it isn't. Best to wait till you're sure 5 yrs have passed.

 

B

[KenyanScott]

I think from what I can recall it was November 2006 was the last payment, it was either October or November 2006 I stopped paying.

 

I don't use that bank account anymore to check but it was round about then or possibly even before.

[KenyanScott]

So do I include march 2007 as not making a payment? If I do then that would me

March 2007 no payment

March 2008 no payment

March 2009 no payment

March 2010 no payment

March 2011 no payment

 

Which would be five years? Is that how it is calculated?

[silverfox1961]

If your last payment was November 06 then it won't be SB until sometime after November this year

[KenyanScott]

Okay great at least I have a better understanding.

 

Does anyone know about this collection agency? I have read some horror stories about them, I know I've put my head in the sand about this and hopes it would go away

 

I suppose I will need to enter into an agreement with them beforethey take me to court since they have issued a default notice.

[silverfox1961]

A default is not nescessarily a prelude to court action. If you want to deal with them, send a 'prove it' letter from the library (top left)

 

Don't ring them, do everything in writing. Don't sign anything and send by recorded delivery (if possible) or get a certificate of posting from the post office